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Construction Law Updated in California for 2015


There are 2,200 bills were tabled during the second and final year (2013-2014) of the legislative session – 931 were signed to become law.

 

There were some existing wage bills signed into law. A strong democratic majority were felt in both the houses – assembly and senate.

 

The second half of the session witnessed some enactment of law; the main among them was 5 per cent cap on maintenance of public works projects.

 

Garret Murai, a partner in the firm’s Construction Practice Group, has written this articke. His article was published in JDSUPRA BUSINESS ADVISOR. He literally built his career on the buildings and infrastructure that are the foundation of our built environment.

 

We bring the excerpt of the Garret Murai’s article in JDSUPRA BUSINESS ADVISOR.

 

Contractors

 

SB 315 — Four changes have been made.

 

First, CSLB enforcement representatives can now issue written notice to appear court.

 

Second, the unlicensed constructors can now advertise for the work if the collective price is less than $500. Now they can declare in their advertisement that they are unlicensed.

 

Third, if a person contracting with a suspended licensed for tax outstanding or civil liability will face disciplinary action. The reason: he is without license.

 

Fourth, it is CSLB to start the disciplinary action proceeding against those licensed construction – withon 180 days of notice period by the commission of labor for intentional or harmful violation of labor code.

 

Licensing

 

AB 2396 – Forbid the CSLB from refuting a license to a claimant based entirely on a conviction that has been dismissed.

 

SB 1159 – Necessitate the CSLB, up to January 1, 2016, to get an individual claimant applying for a contractor’s license to give his or her tax identification number or social security number.

 

Prevailing Wages

 

AB 26 – Modify the definition of “construction” to take in the work done during post-construction phases, cleaning work at the jobsite for reason of the payment of current wages.

 

AB 1870 – The prevailing law needs contractors on public works projects who utilize the trainees and learners to donate to the State Apprenticeship Council the same amount the Director of Industrial Relations determines is the prevailing amount of apprenticeship training contributions in the area of the public works site.

 

AB 1939 – Approves a contractor to transport an action to get better from a hiring party any bigger costs, including labor costs, punishments, and legal fees gain as a result of a decision by the Department of Industrial Relations, the Labor and Workforce Development Agency, or a court that categorizes the work under the project as a public work.

 

AB 2272 – Amend the definition of “public works” to have projects funded by the California Advanced Services Fund (CASF).

 

AB 2744 – For violation of rule, the contractor will not entitled to bid on, be awarded, or perform work as a subcontractor on a public works contract for specified periods of time. This bill would expand these provisions to the employment of apprentices.

 

SB 266 - Toll the period for service of wage assessments for the period of time required by the Director of Industrial Relations to determine whether a project is a public work including a determination on administrative appeal.

 

Public Works Projects

 

AB 155 – Permits the Monterey County Water Agency to design and construction for connecting Lake San Antonio and Lake Nacimiento with an underground tunnel or pipeline.

 

AB 1179 – It allows the Department of Resources Recycling and Recovery, to prize grants for public works projects.

 

AB 1650 – Establishes the Fair Chance Employment Act to confirm officially that they will not request a job candidate to reveal information relating to his or her arrest and conviction history.

 

AB 1705 – Enlarge from January 1, 2016 to January 1, 2018 the sunset date for public bodies to hold back more than 5% conservation on public works projects.

 

SB 785 – Cancel and combine seven design-build approval sections touching state and local public agencies into new Public Contract Code sections 10187 through January 1, 2025.

 

AB 2376 – This bill would need the contractor’s deductible under a master rule to be sketch in the request for bids or proposals.

 

In his speech, Obama said that the directive “does not grant citizenship, or the right to stay here permanently or offer the same benefits that citizens receive—only Congress can do that."

 

DHS also will set up a new Priority Enforcement Program “to remove those convicted of criminal offenses,” the White House said. It also will focus its border enforcement on “national security threats, serious criminals and recent border crossers.”

 

In addition, according to the White House summary, the order will provide “portable work authorization for high-skilled workers awaiting legal permanent resident status and their spouses.”

 

 

Information Reference : www.jdsupra.com

California Construction News

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